Another Probstein123 black eye

[drcy]

Originally Posted by edhans

In an extreme case, if a dealer sells a graded card that proves to be counterfeit, I believe the courts would hold the seller, not the grader, responsible for damages.

I believe that in a court case, if the defendant has clear proof that the card he was sold was a fake or altered, the judge will only care that the card is fake or altered and not give weight to an independent opinion that is clearly wrong. Doesn't matter what certificate it comes with or what is the standard hobby etiquette, if the sold as gold and diamond ring is proven to be brass and quartz, the judge is going to rule seller gets his money back.

I believe that some people here are mistaking "hobby norms" for what would hold up in a court of law.

[Exhibitman]

Not necessarily. A buyer and seller can agree as to who bears the risk and a court will generally enforce it absent proof of fraud, which is very hard to prove. If I sell a card as a PSA 8 Joe Shlabotnik and it is, you are not going to win a case against me with some other opinion as to authenticity or condition, especially if the auction rules state all sales are as is buyer beware.

Now the card in question here is a close call because it looks to be trimmed but we don’t know the behind the scenes with PSA. If PSA is aware and has re-examined the card I would sell it but disclose the history even if PSA said it is ok. Or offer to allow the consignor to take it back and pursue PSA. I am abundantly cautious.